On appeal from: [2012] CSIH 83.

An appeal from the Scottish Court of Session regarding contractual construction in commercial letting agreements. The appellant and respondent were the mid-landlord and sub-tenant of a sub-let property. There was a disagreement over whether the respondent was obliged to reinstate the lease without alterations when the request was made orally and not in writing. The Court of Session dismissed the appellant’s claim as they held it was not properly founded in law, however as the repairing obligation in the main lease is a common commercial lease term, the appeal raises a question of general importance.

The Court unanimously allowed the appeal. Whether the appellant had a good case in law was reserved pending a hearing in the Court of Session. The appellant had sufficiently given notice of the contractual claim and the works which were required to repair. The agreement could be interpreted differently, but the Court concluded that no written notice was required.

For judgment, please download: [2014] UKSC 27
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII